Severance of provisions. (1) No provision of this document is intended to, or does, constitute any unlawful xxxxxx on any Discretion. If, contrary to the operation of this clause, any provision of this document is held by a court of competent jurisdiction to constitute an unlawful xxxxxx on any Discretion, the parties agree:
(a) they will take all practical steps, including the execution of any further documents, to ensure the objective of this clause 12 is substantially satisfied; and
(b) in the event that paragraph (1)
(a) cannot be achieved without giving rise to an unlawful xxxxxx on a Discretion, the relevant provision is to be severed and the remainder of this document has full force and effect; and
(c) to endeavour to satisfy the common objectives of the parties on relation to the provision of this document which is held to be an unlawful xxxxxx to the extent that it is possible having regard to the relevant court judgment.
(2) Where the Law permits Council to contract out of a provision of that Law or gives Council power to exercise a Discretion, then if Council has in this document contracted out of a provision or exercised a Discretion under this document, then to the extent of this document is not to be taken to be inconsistent with the Law.
Severance of provisions. If any provision or portion thereof contained in this Agreement is held unconstitutional, or violative of State or Federal law, such provision or portion thereof shall be invalid and unenforceable. Such provision or portion thereof shall be deemed severable and the remainder of this Agreement shall not be affected and shall remain in full force and effect.
Severance of provisions. If a provision of this Agreement would, but for this clause, be unenforceable: the provision will be read down to the extent necessary to avoid that result; and if the provision cannot be read down to that extent, it will be severed without affecting the validity and enforceability of the remainder of this Agreement. About This Agreement This Agreement records the entire agreement between the parties as to its subject matter. It supersedes all prior contracts, obligations, representations, conduct and understandings. This Agreement is immediately enforceable, subject to its own express terms. The parties have not relied on any promise, representation or conduct in deciding whether to enter into this Agreement, other than as expressly set out in this Agreement. Subject to clause 3.6, this Agreement may be amended only by written agreement of all parties. This Agreement may be signed in counterparts. Governing Law and Jurisdiction In respect of its performance in Australia, this Agreement is governed by and construed in accordance with the laws of South Australia. In respect of performance in the Partner’s Institution home country, this Agreement is governed by and construed in accordance with the laws of the Partner Institution’s home country. Relationship of the Parties Nothing in this Agreement is to be treated as creating a partnership, trust or relationship of employment and no party may act as agent of a party or in any way bind another Party to any obligation. Special Conditions The parties agree to comply with any Special Conditions set out in the Schedule at Item 9. In the event of any conflict between the Special Conditions and these general Conditions, the Special Conditions will take precedence.
Severance of provisions i No provision of this document is intended to, or does, constitute any unlawful xxxxxx on any Discretion. If, contrary to the operation of this clause, any provision of this document is held by a court of competent jurisdiction to constitute an unlawful xxxxxx on any Discretion, the parties agree:
Severance of provisions. If any term or provision of this Agreement is held to be illegal or unenforceable under any Law or order of any Governmental Authority, all other terms and provisions of this Agreement shall remain in full force and effect. Upon determination that any term or other provision is invalid, illegal or unenforceable, the Shareholders will negotiate in good faith in order to modify this Agreement with a view to enforcing the original intent of the Shareholders as closely as practicable and in an acceptable manner so that the operations provided for herein are consummated as originally provided for in the maximum measure possible.
Severance of provisions. If any of the terms of the Agreement is declared unenforceable by a competent court all the other terms shall remain in full force and effect and the severed term shall endure to the extent permissible
Severance of provisions. (a) No provision of this document is intended to, or does, constitute any unlawful xxxxxx on any exercise of any Discretion. If, contrary to the operation of this clause, any provision of this document is held by a court of competent jurisdiction to constitute a xxxxxx on any Discretion, the parties agree:
(i) they will take all practical steps, including the execution of any further documents, to ensure the objective of this clause 13 is substantially satisfied; and
(ii) in the event that clause 13.2(a)(i) cannot be achieved without giving rise to a xxxxxx on a Discretion, the relevant provision is to be severed and the remainder of this document has full force and effect.
Severance of provisions. If any individual provision(s) of this Agreement is or are determined by a court of competent jurisdiction to be illegal or beyond the power, jurisdiction or capacity of any party bound by this Agreement, such provision shall be severed from this Agreement if both Dewdney and the Municipality/County agree and the remainder of this Agreement shall continue in full force and effect, mutatis mutandis. In such case, Dewdney and the Municipality/County agree to negotiate in good faith to amend this Agreement in order to implement the intentions as set out in this Agreement.
Severance of provisions. If any portion of this Agreement shall become illegal, null or void for any reason, or shall be held by any court of competent jurisdiction to be so, the remaining portions of this Agreement shall remain in full force and effect.
Severance of provisions. If a provision of this Agreement would, but for this clause, be unenforceable:
a) the provision will be read down to the extent necessary to avoid that result; and
b) if the provision cannot be read down to that extent, it will be severed without affecting the validity and enforceability of the remainder of this Agreement.
